HomeMy WebLinkAboutMinutes - Legislative Review Committee - 02/26/1998 -City Manager
1-
Cit of Fort Collins
a
A
1W ~I,1
I..
II ~
I •~
This update is designed to keep you informed of the legislative activities undertaken by the
City of Fort Collins.It is provided bimonthly,throughout the legislative session,following
every Council-Staff Legislative Review Committee meeting.Please direct all questions and
comments regarding this update to Blair D.Leist via e-mail or extension 6796.Thank you.
I.Minutes of the February 26,1998 meeting
II.Enclosures
List of Bills Introduced into the General Session Feb.10 -Feb.25,1998
City of Fort Collins List of Followed Bills
Article:Bills set sights on cutting taxes
Article:State legislators need to be reminded that it’s our money,not theirs
Article:State GOP incumbents face big challenges
~flA I ~Pnrfø Awpn,,p •Pfl Rnv ~Xfl •Fnrt CnIlinc Cfl XflS22-flSRfl •(971fl 771-6~flS •FAX (Q7rn 721-Mfl7
0
LEGISLATIVE REVIEW COMMITTEE MEMBERS
Council Members
Ann Azari Mayor (970)221-6505
Scott Mason Councilmember 221-6505
Will Smith Mayor Pro Tem 221-6505
Staff Members
John Fischbach City Manager
Guy Boyd Poudre Fire Authority,
Director of Administrative Services 221-6570
Stewart Ellenberg Risk Manager 221-6774
Marty Heffernan Assistant to the Director of Cultural,Library
and Recreational Services 221-6064
Randy Hensley Transportation Services 221-6608
Diane Jones Deputy City Manager 221-6505
Alan Krcmarik Finance Director 221-6788
Blair Leist Assistant to the Director of Administrative Services 221-6796
Legislative Affairs Coordinator
Gale McGaha Miller Water Quality Technical Manager 221-6231
Rita Davis Executive Project Manager,Police Services 221-6628
Rondall Phillips Director of Transportation Services 221-6615
Steve Roy City Attorney 221-6520
Tom Shoemaker Natural Resources Director 221-6263
Michael Smith Water/Wastewater Utilities Director 221-6681
Liz Stroh Integrated Resources Manager 221-6522
Bill Switzer Utility Economist,Light and Power 221-6713
Tom Vosberg Community Planning and Environmental Services
Policy Analyst 221-6224
Kevin Wilson Fire Marshall,Poudre Fire Authority 221-6570
Brian Woodruff Environmental Planner 221-6604
Legislative Review Committee
Council Member-Staff Meeting
Meeting Minutes for February 26,1998
Council Attendance:Ann Azari,Scott Mason,Will Smith
Staff Attendance:Guy Boyd,Rita Davis,Marty Heffernan,Diane Jones,Alan Krcmarik,
Ron Phillips,Liz Stroh,Bill Switzer,Tom Vosburg,Blair D.Leist
(Recorder)
I.Legislative Review--Blair Leist
The City of Fort Collins List of Followed Bills was updated on Feb.26.Since only late
bills are now being introduced into the Session,the CML List of Followed Bills is no
longer included in the packet.Instead,a listing of all bills introduced,and their status,
has been provided.Since Feb.10th,there have been 10 house bills and 9 senate bills
introduced.
II.Finance and Taxation --Alan Krcmarik
SB49 the Internet Taxation Bill is now supported by the Governor.CML is working
hard against this bill,but is concerned it may pass.If so,the bill will impact sales tax
revenues.Over time the impact could be dramatic as more purchases are made in
cyberspace.HCR1002 and HB1 152,a proposed state constitutional amendment and
accompanying bill,would phase in changes or the rates at which residential property,
vacant land,and non-residential property are assessed for property-tax purposes.These
measures would repeal a formula that has been driving down residential assessment
rates since the early 1980’s (the Gallagher Amendment)and replace it with “homestead
exemptions”--excluding local property taxes from being applied to the first $75,000 of
each owner-occupied home’s actual value.
III.Transportation --Ron Phillips
A recently introduced bill,HB1375 requires that each metropolitan planning
organization’s metropolitan area,at a minimum,comprise a transportation planning
region,rather than requiring that 5 of the transportation planning regions be the existing
metropolitan planning organizations.Increases the maximum number of transportation
planning regions that may be established by the transportation commission if additional
new metropolitan planning organizations are designated.The bill really isn’t necessary
but has brought forward by the State Attorney General’s Office.Staff recommends
monitor.SB17O,Norton’s bill,has been amended changing the word “transportation”
to “highway”.Initially,this created concerns,but it only impacts a portion of the funds
that are allocated to the Capital Development Committee.These funds would probably
be used for maintenance purposes.Of greater concern is the local shareback aspect of
the bill which is still intact.HB1256 is Anderson’s bill which funds transportation,k
12,and higher education.The bill is continuing to wind its way through the process.
0
IV.Light and Power --Bill Switzer
SB 178 is the long awaited PSCo/Colorado Springs deregulation bill.This bill has
effectively split Colorado Springs from CAMU and CML.The bill forces municipal
utilities to participate in retail wheeling.If they choose to opt-out,they must noti&their
customers placing the utility in a no-win situation.The bill is detrimental to PRPA in
that 2/3 of PRPA must be opened to competition.It also disregards any air quality and
environmental improvements that PRPA has made over the last several years.Staff and
LRC recommend oppose.SB 152,Wattenburg’s dereg study bill,continues to move
through the legislative process even though it has definite detractors.The bill failed last
year,but may pass both houses this session.
V.Public Safety --Rita Davis
SB 1068,concerning a statewide radio communications network is currently in House
Appropriations.Creates the public safety radio communications trust fund for the
acquisition and maintenance of public safety radio communication systems for use by
the departments of public safety,transportation,natural resources,and corrections.
Caps the principal of the trust fund at $50 million,plus any contributions made to
the department of personnel for the fund.The bill will facilitate the changing of
analogue comm systems to digital which is a necessary step.Unfortunately,the
concerns addressed within this bill are not fully fleshed out.For instance,the cost to
Larimer County alone is $25 million;1/2 of the amount allocated for the state.
Additionally,there are issues regarding transmissions,participating parties and other
logistical concerns and constraints.
Action:The Mayor has suggested that the City work closely with the County on this
issue.The process for this needs to be identified.
VI.Other Business
The March 12th LRC meeting is canceled.The LRC will reconvene on Thursday,
March 26th.
Respectfully Submitted this 26th day of February,1998
Blair D.Leist
1998 GENERAL SESSION
Bills Introduced:February 10 -February 25,1998
House Bills
Status 1369
Salaz Chiropractic Licensure Exams
2 13 Introduced in House and assigned to:HEWI
Status 1370
Hefley District Boards of Health Membership
2 13 Introduced in House and assigned to:HEWI
Status 1371
Swenson Expulsion for Dangerous Weapons
2 16 Introduced in House and assigned to:Education
Status 1372
Swenson Review Certificates in Negligence Actions
2 16 Introduced in House and assigned to:Judiciary
Status 1373
Hefley Tax Credit for Language Training
2 16 Introduced in House and assigned to:Finance
Status 1374
Tucker Post-Release Supervision of Offenders
2 16 Introduced in House and assigned to:Judiciary
Status 1375
Anderson Transportations Planning Regions
2 17 Introduced in House and assigned to:Transportation
Status 1376
Agler Crime Victim Protection for Civil Action
2 20 Introduced in House and assigned to:Judiciary
Status 1377
Morrison Review of Health Benefit Denial
2 20 Introduced in House and assigned to:HEWI
Status 1378
McElhany Illegal Actions Against Legislative Witnesses
2 20 Introduced in House and assigned to:State Affairs
0
Senate Bills
Status 172
Lacy State Treasurer Management Fee
2 06 Introduced in Senate and assigned to:Finance
2 13 SFinance refers bill to SAppropriations
2 20 SAppropriations amends bill and sends to floor for S2nd reading
2 24 Bill passes S2nd reading and is sent on for S3rd reading
Status 173
Rizzuto Part B Medicare and Nursing Facilities
2 10 Introduced in Senate and assigned to:HEWI
Status 174
Chiouber Regulation of Greyhound Racing
2 10 Introduced in Senate and assigned to:Agriculture
2 20 SAgriculture amends bill and sends to floor for S2nd reading
Status 175
Chlouber Increased Simulcast Greyhound Races
2 10 Introduced in Senate and assigned to:Agriculture
Status 176
Feeley Unauthorized Military Activities
2 12 Introduced in Senate and assigned to:State Affairs
Status 177
Lacy Telephone Service in High Cost Areas
2 17 Introduced in Senate and assigned to Business
Status 178
Blickensderfer Electric Retail Wheeling
2 19 Introduced in Senate and assigned to:Local Government &Business
Status 179
Dennis Enforcement of “Safe Drinking Water Act”
2 20 Introduced in Senate and assigned to:Local Government &Appropriations
Status 180
Schroeder Criminal Information System
2 24 Introduced in Senate and assigned to:Judiciary &Appropriations
February 26,1998
City of Fort Collins List of Followed Bills (1998 Session)
Bill #Bill Bill Committee Local Summary CML Sta(f&LRC City Staff
Description Sponsors Assigned Legislator Analysis Position Position Dept.Person
Air Quality
4 Applies standards to activities Norton Senate None No impact to City MI Monitor NR Woodruff
on public property Appropriations
1003 Removes state Schauer Appropriations Bacon No impact to City Ml Monitor NR Woodrnff’
implementation plan req’s.
which are more stringent than
federal mandated req’s.
1081 Req’s.Certain reporting by Bacon Senate None No impact to City Ml Monitor NR Woodruff
owners of vehicles within the Transportation
AIR program
1106 Adds new or improved tech.Tucker Senate HEWI Reeves No impact to City Ml Monitor NR Woodruff
As grounds for AQCC to
revise SIP plans or air quality
regs.or standards
1109 Addresses req’s.of fed Taylor Senate Reeves No impact to City Ml Monitor NIt Woodruff
agencies concerning activities Floor Matsunaica
on fed,lands.
Elections
1105 CML sponsored bill Anderson Loc.Govt.Johnson The Clerks Office supports this bill because I)clarifies Support Staff:support Clerks R.Harris
simpli~ing reporting who is the appropriate officer to file reports with during A.Jensen’
requiremnts for bc.govt.a particular election 2)eliminates the requirement that a
candidates under the Fair candidate in a local election file campaign reports every
Campaign Practices Act,month beginning the sixth MI month before an election
and 3)eliminates quarterly filings following an election
until the candidate has a zero balance.
Finance and Taxation
32 Modifies bc.govt.audit law Reeves House Local Johnson Causes more differences between state and local tax Municipal Staff and LRC:Finance Krcmarik
to provide more flexibility Government bases.May shift expenditures Interest Oppose,but not a
regarding req for inventory of strong position.
property
49 Restricts state and bc.taxes Schroder House Finance Tool Minor change to state law.Reviewed by CML and other Oppose Staff and LRC:Finance Krcmarik
related to Internet transactions cities;provides some additional flexibility Not a big Support,but no action.
concern for Fort Collins
February 26,1998
City of Fort Collins List of Followed Bills (1998 Session)
Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff
Description Sponsors Assigned Legislator Analysis Position Position Dept.Person
64 Provides for state and local Arnold Transport.None Killed In Committee Municipal Staff and LRC:Oppose Finance Krcmarik
sales and use tax refunds .Interest
Creates more differences between state and local saleswhenautomobileisresold
tax base.within 30 days
92 Completely exempts personal Duke Finance None Killed In Committee Oppose Staff and LRC:Oppose Finance Krcmarik
property from taxes without ,
Major revenue impact to City.Refers question to voter.replacing local revenue loss,
subject to referendum
94 Provides a property tax credit Mutzebaugh Senate None Large impact to school district county,and other entities Municipal Staff and LRC:Oppose Finance Krcmarik
for the elderly which reduces Appropriations that rely on property tax revenue.Interest
local tax revenues
100 Specifies that utility and other Ament Senate None Specifies that pipelines,utility lines,and Municipal Staff and LRC:Finance Krcmarik
peoperty installed in Appropriations telecommunications lines are personal property.Interest Monitor
easements or ROWs will be
treated as personal peroperty
for tax purposes
101 Exempts clothing and Blickensderf Senate None Causes differences between state and local tax bases.Municipal Staff and LRC:Finance Krcmarik
footwear from state and local er Appropriations May shif expenditures.Interest Oppose,but no strong
sales and use taxes,action.
1005 Increases amount of business Spradley Senate Finance None Provides a partial exemption for business personal Oppose Staff and LRC:Oppose Finance Krcmarik
personal property tax property.Phases out personal property over Syear
exemption with only partial period.
state revenue replacement for
bc.govts.
1020 Relaxes req’s.for bc.govt.Taylor Senate Local Reeves Increases the local govt.exemption for small bc.govis.Support Staff and LRC’Support Finance Kicmarik
having small budgets Government from $50,000 to $100,000.
1030 Exempts value of FCC Agler House Bacon Decreases tax revenue Municipal Staff and LRC:Oppose Finance Krcmarik
licenses granted to wireless Appropriations Interest
carriers from property taxes
1065 Repeals state sales tax on McElhany Senate Finance None Repeals state sales tax on telephone and telegraph Oppose Staff and LRC:Lean to Finance Krcmarik
telecommunication services services.Current version allows local governments to oppose,but monitor for
and reqs.bc.govts.to act tax such services,now
affinnatively in order to retain
the tax
1069 Enacts state programs to assist George Appropriations Bacon An assistance program for cities and towns experiencing Municipal Staff and LRC:Finance Krcmarik
growth impacted bc.govts.rapid growth.Sets up a pilot program and iniitial Interest Monitor,lean toward
funding for program.support.
February 26,1998
Permanently reduces state Lamborn
income tax rate from 5 to
4.75%;subject to referndum
City of Fort Collins List of Followed Bills (1998 Session)
140 Reduces shcool property tax Blickensderf Finance None Creates aschool district mill levy reduction fund.Municipal Staff and LRC:Finance Krcmarik
levies er Transfers the lesser of $280 million or the amount of the Interest Monitor
prior year excess from the State General Fund to the
SDMLRF.Requires proportional reduction of mill levy
for all school districts
169 Temporary reduction of state Norton Finance None Requires excess revenue refunds to be made through Municipal Staff and LRC:Finance Krcmarik
income tax rate income tax credits.Allows additional time for refund to Interest Monitor
.be made.Only effective if no election to approve use of
excess revenue is successful
For next five years,this bill makes increased revenue
transfer to be used for state and local transportation
construction and maintenance.Sales and use tax
percentage to transportation is increased by 50%.
Creates state excess revenue transportation fund in the
state treasury.Specifies the distribution of the funds.
Refers the act to the voters.
1202 Highway construction May House Bacon Increase General Fund transfer to capital construction Municipal Staff and LRC:Finance Krcmarik
allocations Appropriations find $100 million for highway construction,repair,Interest Monitor
maintenance and expansion.
1212 Spending excess state George Finance Tool Killed In Committee Municipal Staff and LRC:Finance Krcmarik
revenuew ..Interest MonitorUpto$250 million of excess revenue to be approved by
voters for state use.Many uses for the funds:local
growth impacts,school capital projects for health and
safetyk health insurance,Children’s Basic Health plan,
finance public schools,multimiodal transportation,State
Capitol,water lawsuits,native species protection,
abandoned mine clean up,and water storage.Trmporary
income tax reduction for amounts over $250 million.
Bill #Bill Bill Committee Local Summary CML Staff &LRC City Staff
Description Sponsors Assigned Legislator Analysis Position Position Dept.Person
1085 Authorizes direct payment of 0.Berry House Bacon Exec Director of State Dept.of Revenue may issue Municipal Staff and LRC:Oppose Finance Krcmarik
state and local sales and use Appropriations direct payment permits to certain qualified vendors.Interest
taxes by large businesses.Permits have been problematic for City
Finance and Taxation—Surplus Related Legislation
Senate None No direct/detrimental impacts to City Municipal Staff and LRC:
Judiciary Interest Monitor
Finance Krcmarilc
Increased transportation
finding
Norton Senate Floor None Support Staff and LRC:
Support
Finance
Transp.
Krcmarik
Phillips
A-
February 26,1998
Provides for a study of
electric power retail
competion
City of Fort Collins List of Followed Bills (1998 Session)
Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff
Description Sponsors Assigned Legislator Analysis Position Position Dept.Person
1263 Disposition of constitutional Saliman Finance Tool Killed In Committee Municipal Staff and LRC:Finance Krcmarik
limited revenues -.Interest Monitorlipto$100million to be refunded to taxpayers.Excess
divided among school construction,higher education,
and HUTF.$90 million to HUTF,18%to cities.Would
require voter approval.
1256 Authorizes retention of state Anderson Senate Finance None Authorized retention of state reveunes exceeding Municipal Staff and LRC:Finance Krcmarik
revenues Senate Approp TABOR limits for K-i2 education,higher education,and Interest Monitor
state and local transportation needs.()
1275 Revenue excess and property Adkins Finance Tool Killed In Committee Municipal Staff and LRC:Finance Kicmarik
tax reduction .,Interest MonitorAnindirectrefundofstatedollars.State revenue
excesses would be applied to school finance.Local
property taxes would be reduced based on number of
students.
Human Resources
1145 Subjects bc.govt.employers Zimmerman Loc.Govt.Johnson Oppose Pending HR Shae-Reid
to state investigation and
litigation proceedings when Killed in Committee
employees allege bc.govt
retalieation actions agains
their employees.
Light and Power
Wattenberg Business Matsunaka Sets up a 21 person panel to study the impacts of retail Support Staff and LRC:Light &Switzer
wheeling.Support Power
178 Restructuring the retail Blickensderf Loc.Govt.Reeves Detrimental to PRPA and does not allow many of the Oppose Staff:Oppose Light St Switzer
electric market in Colorado er Business Matsunaka affected interests to participate in the process Power
1284 Reqs.implementation of Schauer Business None Requires fill retail wheeling by July I,2000.No rate Oppose Staff and LRC:Oppose Light &Switzer
electric power retail comp.protection to residential,low-income,or small business Power
customers.
0
February 26,1998
City of Fort Collins List of Followed Bills (1998 Session)
Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff
Description Sponsors Assigned Legislator Analysis Position Position Dept.Person
1285 Imposes conditions on Veiga Business None Killed In Committee Municipal Staff and LRC:No Light &Switzer
implementation of electric Interest position Power
power retail wheeling ~Attempts to predetermine the rules on many critical
protect consumers and the issues before an)’deregualtion decision is made.Establishes a3%of non-bypassable gross revenue charge
environment.to be used for public benefits including renewable energy
resources,energy efficiency programs,low income
energy assistance,weatherization,consumer education,
and subsidizing decentralized community energy
systems.
Land Use
1129 Eminent Domain—Prohibits Salaz Loc.Govt Johnson Killed in Committee Municipal Staff:oppose ROW Mills
generally for purpose of Interest Trans Phillips
reselling to private persons or ROW—The bill is not necessary becausel)if a CPES Vosburg
entities for commercial use municipality can’t prove “public need”it can’t condemn
anyway and 2)in “partial take”situations,such as
acquiring street ROW,the city might be required to
obtain excess property as an uneconomic unit—property
has no economic value.
1163 Annexation—Severely restreict Sullivant
municipal annexations Killed in Committee
-,
Legal Standing
006 Confers on political Ament Agriculture None Killed In Committee MI Staff and LRC:Amend Aft.S.Roy
subdivisions standing to assert to limit to injunctiveBillmaybebeneficialinthatitenablescitiestoreliefratherthan
or defend property or contract challenge,on “takings”grounds,the regs.of other govt.monetary damages.
nghts entities.Goes too far in authorizing govt.entities to
recover monetary damages against one another
February 26,1998
City of Fort Collins List of Followed Bills (1998 Session)
Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff
Description Sponsors Assigned Legislator Analysis Position Position Dept.Person
Natural Resources
1006 Creates state find to promote Adkins Appropriations Bacon The bill I)appropriates moneys from the State General Ml Staff and LRC:Support NR Shoemaker
conservation of endangered Fund and would amount to $5.8 million for FY 1998 and
species FY 1999;2)does not directly affect local government and
does not impose any regulatory obligations or provide any
finding to local government;3)creates aseparate Species
Conservation Trust Fund within the state treasury which
can be used only for the conservation of federally or state (
listed threatened or endangered species,or native species
in Colorado that are in danger of becoming threatened or
endangered;4)indirectly affects Fort Collins to the extent
that the City is a party to,or affected by,cooperative
agreements or programs for the recovery of threatened or
endangered species.Analysis attached.
Parks and Recreation
3 Extends Lottery sunset from Bishop House Finance Toot The lottery has been very beneficial to the City.Support Staff and LRC:Support CLRS Heffeman
1999 to 2014 Conservation Trust Funds (40%of GOCO finding)have
provided funding for trails ($3.5 million),open space
purchases ($2 million)and trait and open space
maintenance ($1.5 million).GOCO grant dollars to the
City include $3.4 million for the Poudre-Big Thompson
Rivers Legacy Project,funding for the Poudre River
Gravel Study,renovation of Sheldon Lake and various trail
projects
Provides for video lottery Lacy Appropriations None Not a good bill,but does not wanant any City action.Municipal Staff and LRC:CLRS Heffeman
terminals at race tracks and Interest Monitor ()
allocates dome profits to
Colorado promotion find
1113 Authorizes scratch games Lawrence Senate State None Killed In Committee Municipal Staff and LRC:CLRS 1-leffernan
based on Bingo Affairs ....Interest Monitor
Has the potential to provide $6-S million to Great
Outdoors Colorado
Police
31 Modifies youth crime Linkhart House Tool Requires results-oriented criteria for measuring program MI Support Police Davis
prevention and intervention Judiciary Kaufman effectiveness and person served by program to be tracked
programs for 2 years.
Passed Senate
.sent to House
1128
February 26,1998
Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff
Description Sponsors Assigned Legislator Analysis Position Position Dept.Person
37 Restricts disciplinary action Lacy Business Matsunaka Sets limits on the disciplinary actions that may be taken Oppose Monitor Police Davis
when “sting”operations against a retail licensee of alcoholic beverages when
uncover illegal sales to minors Passed Senate caught in a sting using aperson under 21 years of age,
.sent to House
.to be heard
2/26@l:30
81 Authorizes carrying of Choulber Killed in Committee Oppose Oppose Police Davis
concealed weapons and —
preempts local regulation —
96 Contains misc,revisions,Congrove Judiciary None Killed in Committee Oppose Oppose Police Davis
including some reductions in
.A mixture of changes to the law that makes the criteriacrimesandpreemptionof..
local authori~’for violation or proof of violation more stringent.Fewer‘people will be found in violation of the law under the
criteria of this bill.All repeals the crime of bringing
alcoholic beverages or cans into the major league
baseball stadium.Prohibits local governments from
enacting measures that restrict the affirmative defenses to
the crime of unlawful weapon possession.Downgrades
the severity of criminal charges for contributing to the
delinquency of minors and for introducing drugs and
alcohol into a detention facility.
97 Further restricts govt.Congrove Judiciary None Killed in Committee Municipal Oppose Police Davis
authority for wiretapping and .....Interest
.Adds tracking devices to the definition of electroniceavesdroppingcommunications.Clarifies that governmental employees
are not authorized to intercept cell phone signals without
awarrant.Establishes additional limitations on the
issuance of warrants.-.
99 Authorizes local needle Wham House HEWI None Significant concerns over the effectiveness of the Municipal Oppose Police Davis
exchange programs programs.Encourages drug use and abuse.Interest
1034 Regulates dissemination of Snyder Killed in Committee Municipal NA Police Davis
information about sex Interest
offenders
1068 Establishes and funds astate Anderson Appropriations Bacon Establishes a trust fund ($50 million)to help provide Municipal NA Davis Police
communications program public safety radio communications.Fund can be used Interest Stroh CST
for the acquisition &maintenance of public safety radio Boyd PFA
communications for use by Dept’s of public safety,
transportation,natural resources and corrections.Adopt
a statewide recommended standard for the replacement
of analog-based equipment with digital-based radio
equipment.
February 26,1998
Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff
Description Sponsors Assigned Legislator Analysis Position Position Dept.Person
1091 Increases penalty for weapons Epps House Bacon Increases penalty for possession of a weapon for Municipal Support Police Davis
possession by felons Appropriations convicted felons from a class I misdemeanor to a class 6 Interest
felony.
1102 Modifies Colorado’s instant Owen Senate None As introduced,confonned state law to implementation of Municipal Monitor Police Davis
criminal background check Judiciary Brady law and also made some changes in instacheck Interest
system for weapons that were inconsistent with Brady.Inconsistent parts
have been removed.
Open records—Req’s.law Schauer Judiciary Kaufman Bill adds more specificity and detail to what has to go Municipal Oppose Police Davis
enforcement agencies to into public records regarding criminal investigations.Interest
prepare and make available to Bill gets very specific,may cost considerable amounts to
the public specified arrest and comply and may hamper investigations.
incident reports
1187 Imposes driving restrictions Morrison Killed In Committee
on minors
1260 Preempts weapons regulations Salaz Senate None The bill makes firearms an issue of statewide concern Municipal Oppose Police Davis
by local governments Judiciary and 1)preemts bc.govt’s.from adopting ordinances Interest
more restrictive than the state law and 2)makes such
ordinances unenforceable at the bc.level.
Transportation
170 Increased finding for Norton Transportation None Increases the percentage of state sales and use tax Municipal Staff and LRC:Transp.Phillips
transportation needs in available for transportation.Creates asurplus revenue Interest Support Finance Krcmarik
Colorado transportation find and provides for local shareback of
both new revenue sources.Refers the act to the voters
for local shareback of both new revenue sources.Refers
the act to the voters in 1998.
1375 Establishes transportation Anderson House Floor All Local Analysis Pending NA NA Transp.Phillips
planning regions House Reps.
WARY 18,1998
ifis set sights on cutting taxes
Phones,property
could get relief
By John Fryar
rise Daily Tunes-Gill
DENVER —Coloradans would
be excused from paying hundreds
of millions of dollars in state and
local taxes each year.under a set
of measures given initial approval
in the House on Tuesday.
In a series of voice votes that ap
peared to be dominated by ma
jority-party Republicans,House
members OK’d:
•A proposal to make temporary
annual reductions in the state’s S
percent income-tax rate to refund
any excess revenues the state is
collectin$above constitutional
growth limits set by the Tax
payer’s Bill of Rights.
•A bill that would eliminate
Colorado’s 3 percent sales tax on
telephone service.
•A measure that would exempt
P businesses from having to pay
school taxes part of the value of
le their machinery,office equipment
~!I and other personal property.
U-•A partial state tax exemption
on interest and dividend income
and net capital gains.
•A sweeping set of proposed re
forms in the property-tax system,
including ‘-homestead ex
emptions’’that would excuse
many Coloradans from having to
pay taxes on the first $75,000 of
their homes’actual values.
Colorado Springs Republican
Rep-Andy McElhany argued that
his bill to eliminate the state’s
sales tax on telephone service
-‘does something for the low end of
the income spectrum.the people
who need it the most.”
McEihany said.“The telephone
is a necessity,and we don’t tax ne
cessities in Colorado.”He cited
existing state sales-tax ex
emations for purchases of food
and pharmaceuticals.
But Aurora Democratic Rep.
Bob 1-lagedorn commented that
McElhany’s telephone tax break
“could also be a very substantial
corporate welfare program,too.”
since large businesses with high
volumes of phone use would save
the most.
Foes of several of the tax-
reduction proposals may be count
ing on Gov.Roy Romer to veto the
measures if the House bills sur
vive in the Senate.The Senate.
meanwhile,is considering a num
ber of its own tax-reduction and
tax-reform ideas,
Tax-cut and tax-reform mea
sures surface in session,but this
year sponsors may get a more
congenial reception because state
government is collecting more
money than it’s constitutionally al
lowed to spend.Those excess-
revenue collections are projected
to total $1.2 billion to $1.6 billion
during the next five years.
Romer wants lawmakers to ask
voters to allow the state to keep
and spend at least part of that
money —for projects such as pub
lic~school construction and re
pairs.highway improvements.
higher-education facilities and
technology.
Such a plan is expected to be de
bated in the house later this week.
Republican House Majority Lead
er Norma Anderson of Lakewuod
is sponsoring a bill that would ask
voters to let the state set aside $130
million a year from the excess
revenues for each of the next five
years.
A third of the resulting $900 mil
lion would be spent on state and
local transportation projects.a
third would help local school dis
tricts with construction and reno
vation projects,and a third would
go to capital-construction projects
for the states colleges and univer
sities.
Romer also told the Legislature
in January that if any tax breaks
are in the offing as the result of
surplus revenue collections,then
programs benefiting Colorado’s
children should be the first in line.
Romer specifically called,for ex
ample,for expanding the state’s
income-tax credits for families’
child-care expenses.
Democratic Sen.Terry Phillips
of Louisville is sponsoring such a
proposal,while Sen.Doug
Linkhart,D-Denver,is carrying a
bill that would grant tax credits to
businesses making investments in
child-care facilities for their corn
munities or their employees.
Meanwhile,the authors of the
tax-cut bills that got initial House
approval on Tuesday touted the
merits of their ideas.
Steamboat Springs Republican
Jack Taylor said “the main pur
pcse”of his proposal to r tin -~
By John Fryar
The Digs/v Tinses-G UI
DENVER —Tax-reduction
and tax-reform measures get
ting initial approval in Colo
rado’s House Tuesday:
•House Bill 1228.which
would make temporary annual
adjustments in Colorado’s 5
percent flat income-tax rate to
reduce tax collections when
ever it’s projected that rev
enues are exceeding state-
government growth limits set
by the Taxpayer’s Bill of
Rights.
For example:Officials calcu
late that state government may
collect $325 million more during
the current 1997-98 fiscal year
than that TABOR section of the
Colorado Constitution allows.If
the bill were law.Coloradans
would get a refund in the form
of a 4.5 percent state income-
tax rate on their 1998 taxes
rather than having to pay the
fullS percent.
The bill is being sponsored by
House Speaker Chuck Berry of
Colorado Springs.
•House Concurrent Resolu
tion 1002 and House Bill 1152.a
proposed state constitutional
amendment and accompanying
bill,would phase in changes of
the rates at which residential
property.vacant land and non
residential property are as
sessed for property-tax pur
poses.Those measures have
been proposed by Rifle Republi
can Russell George.
The measures would repeal a
formula that has been driving
down residential assessment
rates since the early 1980s.and
replace it with “homestead ex
emptions”excluding local
property taxes from being ap
plied to the first $75,000 of each
taxes on capital gains and interest
income was “to get the little guy to
save more.”
Beuiah Repubiiean Rep.Lola
owner-occupied home’s actual
value.
I House Bill 1266.which
would exempt an individual
from having to pay annual state
income taxes on the first 52.300
of interest income,dividend in
come and net capital gains.A
married couple filing a joint re
turn would be excused from
having to pay taxes on the first
$4,600 of such interest.dividend
and capital-gains income.
I House Bill 1065.which
would eliminate the state’s 3
percent sales tax on telephone
service.
•House Bill 1005.which
~vould excuse businesses from
having to pay local schools’
property taxes on each busi
ness’first $25,000 worth of ma
chinery,computers.office
equipment and other personal
property.Businesses would
continue to nay taxes to cities.
counties and school districts on
that personal property,how
ever.
Final House votes on those
tax-reduction and tax-reform
measures are expected this
week.Also awaiting House de
bate and action this week are at
least two other bills proposing
tax breaks:
•House Bill 1100.which
would perrnanentl~’-.educe Col
orado’s 5 percent state income
tax rate to 4.75 percent —un
less voters someday agreed to
increase the rate again.
•House Bill 1214.a proposal
from Republican Rep.Kay Al
exander of Montrose to exempt
buyers of farm equioment from
having to pay the state’s 3 per
cent sales and use tax.The
total savings to farmers and
ranchers would exceed $4 mil
lion a year.officials have esti
mated -
Spradley said her bid to trim busi’
nesses personal-property-tax li
ability would be “a reduction of an
onerous tax.”
A look at measures set
forth in House session
ite
nt
aid
~ay
he
rily
eful
king
U.S.
5 en
•crat.
illow—
e Col
tre he
41987’
use or
‘nting
State legislators need to be reminded that it s our money,not theirs
Revised estimates show the amount of surplus
state revenue may exceed $400 million this year.
Since $140 million in excess revenue last year
provided a $120 tax credit for each avenge
couple,$420 ml Won would yield $360 per couple.
That’s real money,In low-income households,it is
one or two weeks net take-home pay.We deserve
the full refund we voted for in
passing the Taxpayer’s Bill of
Rights.
Government will always
invent needs to justify more
spending,even though remain
‘mg state revenue increased as
fast as population and inflation
combined,to handle growth
impacts.Seizing our tax
refunds means bigger govern
ment —a massive tax
increase.Why?Because we will pay more in total
taxes if we lose our tax refund than if we get it
Lower taxes make it easier to keep working,
get ahead and live the American dream.$260
means the most to those who have the least ‘The
solution to poverty is not failed social programs,
make-work construction projects or welfare hand
outs;it is a private sector job with a decent after-
tax income.
A uniform tax refund offsets our regressive tax
system.Colorado households earning less than
$6,000 now pay 24.7 percent of their income in
total state and local taxes;those earning more
than $20,000 pay 6.9 percent For property taxes,
the difference is 7.3 percent vs.1.3 percent,for
sales taxes,it is 12.2 percent vs.1.6 percent.
Giving the same relief to rich and poor alike is
good public policy and true tax reform —fair,
simple to implement,easy to understand.
Tax refunds also benefit the economy.Citizens
will spend money in stores,increasing slate and
local sales tax revenue;fix up their homes,mis-
mg property tax revenue;and create more jobs,
boosting income tax revenue,
The best solulion is to c-ut taxes Sn our money
(foes not travel to Deliver in the first place,But
(Joy.Rooter will not sign aity tax cut,even a
broad-based one that helps the poor the most.
such as the pending bill to eoct Ilie state tele
phone tax.So any tax ctit most be referred to
voters or wait until 1999.~vlten ‘ye have a new
governor.
If the state needs money,an allernate revenue
source Ls to auction surplus state-owned land.
Four million acres of surface and mineral rights
at an average of $250 per acre is SI billion for
schi mis.Selling lain I also wol Id phase out the
state anti hoard hi reaucracy and Pitt more land
on property lax rolls to help all local govern
InenIs.
Instead of the expense of a statewide election
issue.why not let ititividitals ilecile how to
speoti their own refund dollars?Simply add to
Ilie income tax form a list of options for those
who want to give all or part of their refund to
state or local goveninient.One check-off box for
state roads,one for K-t1 school constnlction,one
for suite parks,one for city police —any
prugrtun legislailors wish..ii ,o Cii izeit then votes
how much of ii is refit id “ill go for his family’s
needs and how touch for governments wanls.
Such gifts are exempt fromo spending limits.That
nietliocl should make everyone happy.
This simple.self-governing solut ton —one
person,one vole —avoit Is Ihe Iyr,inmly of Ihe
maiontv.iii wIt kit .3I p’~~’et~t of’voters call divert
the refunds of the other 49 percent,plus all
non-voters.This proposal is cooperative,not coer
cive,It is flexible,not one-size-fits-all,
Alter calling volers who supported tax lintils
clueless and stupitl,Gov.Romer,who opposed
giving us the right to vote on taxes,now says it
would be arrogant not to let people vote,Well,
we aireacly have voted to limit the growth of
government.In six state elections since 1992,six
ballot issues —one per year —were either tax
increases or attempts to create exceptions to tax
limitation,All were defeated decisively
Instead of politicians hadgering voters a
seventh time (begging us to share with them our
money they should not have taken from is in the
first place),each taxpayer can make his own
choice when he fills out next year’s income tax
return.
Politicians think whats theirs is theirs,what’s
ours is negotiable.Taxpayers who want their full
tax refund should call their state senator
(303-866-2316)and state representative
(:303-2643.2904).Simply say,Save the election
costs.Give back all the excess revenue.”Since
politicians falsely claimed in 1992 that Colorado
would go broke if it passed tax himitatbn,why
should we now believe their claim they need our
money more titan our families do?
Peak voices is open to readers who have expertise or
personal experience in an area of public policy.Articles
should be limited to 600 words in length and can be
sent to:Peak Voices.The Gazette,P.O.Box 1779.
Colorado Springs.CO 80901.
DOUGLAS BRUCE
Dackground:Formerly a
prosecutor in Los Angeles,
Bruce has been a Colo
rado Springs real estate
investor since 1986.
Experience:Bruce
authored Amendment 1.
a statewide tax-limitation
measure adopted by Colo
rado voters in 1992.as
well as the local tax-limitation law adopted by
Springs voters in 1991.
Hes an activist on behalf of citizens’right to
petition government.
State GOP
incumbents face Al
big challenges
What’s new?DI
The religious right and (he firearms right B
are offering primary election challenges to
Russell George,three-term House member
from Rifle and Tanibor Williams,a fresh
man from Greeley.
More incumbents are expected to see the
Same.
True,it has been said racing improves the
breed and a little competition ncver hurt
anyone.But the way (lie primary contests
are bein~cooked up is becoming all too
common In the Republican Party,
To wit,in a memo by the Rocky Mountain
Gun Owners,members are told:‘One of
our arch enemies is being brought to the
~:ca~i
-,Ililliard
-~Vie As,oc,jIecI Press
table”In the debate over the concealed
weapons carry bill,
Sen.Ken Chlouber,R-Leadville primary
sponsor,had asked George to carry the bill
in the House,
The concealed carry bill would ease regu
lations for getting a permit to carry a con
cealed gun,and the RMGO has made it a
holy war.It isn’t much of a war It’s been
beaten six times with relative ease.
Dudley Brown,the organization’s chief
honcho,hasn’t liked any of the bills George
has offered in past years,and thinks
George’s votes on firearms issues are
dreadful because George has opposed most
of them,
On Feb.8,fellow Republican Brian Prun
ty decided to get into tho race against
George,saying he is frustrated w,ih
George’s liberal views,and characterized
himself ass ‘‘independent conservative’
lie is anti-abortion,pro-gun,against same-
sex marriages and thinks gevernment
should be smaller,tax people less spend
less and limit its role in public education.
‘l’ambor Williams is being opposed by
what appears to be a religious right faction
that has taken to recording the license
il-ales of guests or visitors to lit-r home.
A year or so ago a fellow Republican law
maker,Bill Kaufman of Loveland,visited
Williams to discuss lroubleso’ne political
campai~ns and as he was leaving saw some
one jotttng down his car license.
Kaufman has been whipsawed by the re
ligious right in his three campaigns,and has
persevered,and Williams is capable of
doing so too.
She said that lately,someone,a legislative
employee,perhaps,has been recording ~Vil
hams’trips to (lie microphone and her per
formances in commiLtee,and those observa
tions have been telephoned,apparently
daily,to Greeley for use in the RR’s battle
plan,
Williams,57,won in House fist.50 in s906,
and in her first year passed a bill reducing
unemployment compensation costs to em
ployers by $38 million.She also passed a bill
requiring judges up for review for another
tern.behinit the bench to be profiled in the
legislative Blue Book,the publication that
traditionally had outlined only issues,and
not candidates.
Dot what set the radical right of the GOP
up were her votes on Ihe partial birth abor
tion bill,which never reached the house
floor for debate,and the legislative p”y
raise,hiking lawmakers pay for the hurst
time in 15 years.
The puzzle in alt this is that in the last de
cade nr so of snorting anil pawing the
grminil,and criticizing their elected Re
publican members for not being Republican
enough,the religious right and (lie gun folks
haven’t ousted anyone.
earl flilhia -il cat’lie re:,elied at TIM :ls
sociale,I l’ni.’is,1411 ll’azc’e Si.,Suite £30.
Denver,Bti2iu2